Development: The construction of new buildings or structures and modification of, additions to, and expansion of existing buildings or structures.

   Drive-Through/Pick Up window: Facilities that allow for transactions of goods or services without leaving a motor vehicle.

   Fast Food Establishment: A food service business that offers relatively immediate service of semi-prepared or prepared foods for take-out or in-house consumption in disposable containers and serving walk-in and/or drive-through customers.

   Industrial: Business operations involved in the manufacture, production, interior commercial storage, or conversion of materials into articles of use.

   Institution: An established organization, especially one dedicated to education, public service, or culture.

   Mixed-Use: Development of a parcel or structure with one or more different land uses such as a combination of residential, office, and retail use contained in a single or physically integrated structure.

   Neighborhood Retail: Business that generally sells goods or products and operates with walk- in clients or customers.

   Nonconforming Use: "Nonconforming use" means a use that does not comply with the regulations of the district in which it is situated.

   Overlay Zoning District: A zoning district that encompasses one or more underlying zoning districts, and imposes additional or alternative requirements or provisions than required by the underlying zoning.

   Office: Business that generally provides a service and operates with walk-in clients or customers; or as defined by the City of Lima Zoning Code, a building in which the affairs of a business operator, professional person or branch of government are conducted that is arranged, intended or designed to be occupied by such. Neighborhood Retail is not included as an Office use.

   Residential: Building used or suitable to be used as a dwelling, including ones that are being built or adapted to be used as a dwelling.

   Strip Shopping Area: Commercial development characterized by a low density (one story) linear development pattern (usually one lot in depth), separate curb cuts for each use, no defined pedestrian system, and high traffic volumes. Parking lots are generally located between the street and the front entrance to the businesses.

(Ord. 109-14. Passed 4-21-14.)

   (A)   The South Main Street Overlay shall be applied as an overlay district by and shall include only the locations as follows:

      North Boundary:   Ottawa River

      West Boundary:   South Main Street property depth

      East Boundary:   South Main Street property depth

      South Boundary:   4th Street

   (B)   Sub-Districts are established as further described herein and as outlined by the diagram A.

(Ord. 109-14. Passed 4-21-14.)

   (A)   A nonconforming use may be continued until such time as there is an abandonment of such use. An abandonment of such use shall be established upon any one of the following events:

      (1)   The cessation of such nonconforming use continued for a period of twelve consecutive months.

      (2)   The removal of substantially all of the equipment used in the nonconforming use.

      (3)   The building is demolished.

   (B)   In the event that any of the above occurs, the future use for the property must comply with the overlay zoning.

   (C)   Abandonment shall not apply to business cessation of an existing, operational business for purposes of expansion, remodeling or reconstruction due to a calamity or similar business interruption.

(Ord. 109-14. Passed 4-21-14.)

   (A)   Permitted Uses. The following uses ARE permitted within the Office Sub-District:

      (1)   An office;

      (2)   A bank or financial institution;

      (3)   A medical, mental health, or dental clinic;

      (4)   A day nursery;

      (5)   A health study institution; or

      (6)   Health-exercise facility or spa.

   (B)   Exclusions. The following uses are NOT be permitted within the Office Sub-District:

      (1)   Outdoor storage;

      (2)   Garage repair shop, auto body or mechanical repair, secondhand car lot, storage garage or tire repair shop; automotive sales and service; filling station;

      (3)   Transportation equipment, sales and service;

      (4)   Trucking terminal;

      (5)   Building trades and service;

      (6)   Mechanical Shop;

      (7)   Car/Truck wash

      (8)   Billboard and off-premises advertising sign;

      (9)   Electric substation and ice house;

      (10)   Bottling works, mechanical shops;

      (11)   Wholesale distributors;

      (12)   Dog kennel;

      (13)   Bowling Alley;

      (14)   Massage parlor or establishment as defined in Chapter 850 of the Lima Codified Ordinances; or

      (15)   Unless specifically set forth in A of this Section, uses permitted within the Class I, II and III Residential Districts.

   (C)   Other Requirements. Requirements and restrictions concerning accessory buildings/structures, parking, area, height, and lot coverage shall be those contained in Chapter 1250 of the Zoning Code.

(Ord. 109-14. Passed 4-21-14.)

   (A)   Permitted Uses. The following uses ARE permitted within the Neighborhood Retail/ Services Sub-District:

      (1)   Uses specifically permitted in the Class III Residential Districts, not including uses permitted in Class I and Class II Residential Districts, unless contained within a mixed use structure with a use otherwise specifically set forth herein;

      (2)   Bank, office building, private school, business school, radio or television studio, photographic or art studio;

      (3)   Assembly hall or theater;

      (4)   Jewelry store, shoe store, dry goods or notions store, furniture store, hardware or electrical appliance store, retail store, florist shop, tailor shop or shoe repair shop

      (5)   Bicycle sales and repair;

      (6)   Delicatessen, drug store, grocery store, meat market, ice cream parlor, restaurant, bakery, frozen food locker or fish market;

      (7)   Barber shop, beauty shop or dancing school;

      (8)   Self-service laundry; or

      (9)   An accessory use customarily incidental to the foregoing uses.

   (B)   Exclusions. The following uses are NOT permitted in the Neighborhood Retail/Services Sub-District:

      (1)   Outdoor storage; garage repair shop, auto body or mechanical repair, secondhand car lot, storage garage or tire repair shop; automotive sales and service; filling station;

      (2)   Transportation equipment, sales and service;

      (3)   Trucking terminal;

      (4)   Building trades and service;

      (5)   Commercial parking lot or garage;

      (6)   Motorbus terminal;

      (7)   New or used car sales;

      (8)   Car/Truck wash;

      (9)   Billboard or advertising sign;

      (10)   Electric substation and ice house; bottling works, mechanical shops;

      (11)   Wholesale distributors;

      (12)   Dog kennel;

      (13)   Funeral parlor or sanitarium; or

      (14)   Uses permitted in Class I and Class II Residential Districts, unless contained within a mixed use structure with a use otherwise specifically set forth herein.

   (C)   Other Requirements. Requirements and restrictions concerning accessory buildings/structures, parking, area, height, and lot coverage shall be those contained in Chapter 1250 of the Zoning Code.

(Ord. 109-14. Passed 4-21-14.)

   (A)   Permitted Uses. The following uses ARE permitted within the Residential/Institutional Sub-District.

      (1)   Uses specifically permitted in the Class III Residential Districts, not including uses permitted in Class I and Class II Residential Districts unless contained within a mixed use structure with a use otherwise specifically set forth herein;

      (2)   Institution such as church, public or private school, day care center, nursery, college, social service entity, public library and public museum; or

      (3)   Public park, public playground, public or governmental building.

   (B)   Exclusions. The following uses are NOT permitted in the Residential/Institutional/Mixed Use District:

      (1)   Other uses permitted in the Class II Business Districts;

      (2)   Uses permitted in First, Second, and Third Industrial Districts; or

      (3)   Uses permitted in Class I and Class II Residential Districts, unless contained within a mixed use structure with a use otherwise specifically set forth herein.

   (C)   Other Requirements. Requirements and restrictions concerning accessory buildings, parking, area, height, and lot coverage shall be those contained in Chapter 1250 of the Zoning Code.

(Ord. 109-14. Passed 4-21-14.)

   (A)   Permitted Uses. The following uses ARE permitted within the Non-Residential Mixed-Use Sub-District:

      (1)   Any one or a combination of uses permitted in Office Sub-District; or

      (2)   Any one or a combination of uses permitted in Neighborhood Retail/Services Mixed Use Sub-District, save and except any residential use.

   (B)   Exclusions. The following uses should NOT be permitted within the Non-Residential Mixed Use District:

      (1)   Uses permitted within the Class I, II and III Residential Districts; or

      (2)   Uses permitted in the First, Second, and Third Industrial Districts.

   (C)   Other Requirements. Requirements and restrictions concerning accessory buildings, parking, area, height, and lot coverage shall be those contained in Chapter 1250 of the Zoning Code.

(Ord. 109-14. Passed 4-21-14.)

   (A)   Permitted Uses. The following uses ARE permitted within the Light Industrial Sub- District:

      (1)   All uses allowed in Office Sub-District as an accessory use and in support of an otherwise specifically permitted use as set forth herein;

      (2)   Storage in Bulk, or Warehouse for various materials and equipment;

      (3)   Wholesale Business;

      (4)   Other Manufacturing or Industrial Operation;

      (5)   Railroad Yard; or

      (6)   Research and Engineering Laboratories.

   (B)   Exclusions. The following uses are NOT be permitted within the Light Industrial Sub- District:

      (1)   Uses permitted within the Class I, II and III Residential Districts;

      (2)   Uses permitted within the Class I and Class II Business Districts; or

      (3)   Uses permitted within the Class II Industrial District.

(Ord. 109-14. Passed 4- 21-14.)

   All development within the South Main Street Design Review/Overlay District shall comply with the Design Guidelines set forth in Chapter 1270 of this Code.

(Ord. 109-14. Passed 4-21- 14.)

   No Special Uses as defined by Chapter 1256.01 or Special Use Permits as defined in Chapter 1256.04 of City of Lima Zoning Code shall be permitted.

(Ord. 109-14. Passed 4-21-14.)

   If any provision of this overlay is found to be invalid by a court of competent jurisdiction, the remainder of the overlay shall not be affected but shall remain in full force. The invalidity of any section of this overlay shall not affect the validity of the remainder of the City’s Zoning Ordinances.

(Ord. 109-14. Passed 4-21-14.)

   If any portion of this code is found to be in conflict with any other provision of any other zoning, building, fire safety, property maintenance, or health ordinance of the City of Lima, Ohio, the provision which establishes the higher standard shall prevail.

(Ord. 109-14. Passed 4-21-14.)